Terms of Service
User’s Acknowledgment and Acceptance of Terms
As used in these Terms of Service, references to our “Affiliates” include suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
Overview of Our Services
To ensure the quality of the Virtual Assistant Ninjas experience we have set up our terms of service for our mutual benefit. If you violate these rules it will mean you’ve broken the terms of service and this may result in a termination of your account.
Tasks are non-transferable. You cannot sell or give away tasks on your plan but you are more than free to buy a plan for your friends, family and loved ones. Your Virtual Assistant Ninjas account is also non-transferable. That means if one person signs up, you cannot transfer ownership of that account to another person.
All Virtual Assistant Ninjas plans are governed by a monthly package plan type with a 3 month minimum. 6 month and 1 year plans are also available.
All Virtual Assistant Ninjas plans are monthly recurring subscriptions that can be canceled at any time with a 30-day notice.
Any agreement or attempted agreement between client and assistant, in connection with a service contract, requiring that payment be made outside of Virtual Assistant Ninjas shall constitute a material breach of this agreement and be subject to cancellation without refund.
Requests & Tasks
Each request (task) must be submitted by email. Each communication you have with your assistant should contain a defined task or tasks.
If you ever feel like your service could be better, you can contact us by email at firstname.lastname@example.org. For a list of example tasks that we will and won’t do, please consult our “SERVICES” page. That should give you a good idea of what we’re able to accomplish and what we simply cannot do. Agreeing to these terms of service means you understand and agree to keep your tasks within the scope of our business.
Ownership and Confidentiality of Work Product
If a Virtual Assistant creates anything original for you, such as research projects, reports, templates, spreadsheets, forms, etc. (“Work Product”), Virtual Assistant Ninjas grants to you a non-exclusive, royalty-free, perpetual, irrevocable, non-transferable license to use the Work Product for your own personal and commercial purposes.
To avoid doubt, you retain sole ownership of your confidential information and your intellectual property and, to the extent your confidential information or intellectual property is incorporated into the Work Product, it will be removed prior to any use or disclosure by Virtual Assistant Ninjas to a third party.
As used in these Terms of Service, your confidential information means non-public information that you provide to Virtual Assistant Ninjas or a Virtual Assistant that you reasonably expect Virtual Assistant Ninjas to keep secret, including your personal information (i.e., your name, your social security number, your credit card information, and similar information), but does not include information that (1) becomes generally available to the public other than an unauthorized disclosure by Virtual Assistant Ninjas or a Virtual Assistant; (2) was or becomes available to Virtual Assistant Ninjas or a Virtual Assistant on a non-confidential basis prior to your disclosure of the information to Virtual Assistant Ninjas or a Virtual Assistant; (3) is independently developed by Virtual Assistant Ninjas or a Virtual Assistant without using your confidential information; or (4) information we are required to disclose by a warrant, subpoena or other request in an investigation or legal proceeding or where disclosure is necessary to protect Virtual Assistant Ninjas’s rights or property, or the rights or property of Virtual Assistants or our other clients.
As used in these Terms of Service, your intellectual property means patents, trademarks and copyrights owned by you and any insights, knowledge, and ideas provided by you in connection with creation of the Work Product.
For purposes of this Agreement, confidential Information is to be broadly defined and includes all information which has or could have commercial value or other utility in the business in which you are engaged or contemplating engaging in or the unauthorized disclosure of which could be detrimental to the interests of you or your company, you identify such information. Confidential information shall include, but is not limited to:
Technical information concerning your products and services, including product know-how, formulas, designs, devices, software code, test results, processes, inventions, research products and product development, technical memoranda and correspondence;
Intellectual property, meaning copyrights, design rights, patents, designs, registered designs, trademarks, service marks (or an application for any of these), inventions (whether patentable or not), invention disclosures, discoveries, improvements, processes, test and qualification processes, schematics, specifications, formulae, procedures, proprietary information, know-how, technology, trade secrets, technical data, works of authorship (whether copyrightable or not), mask works, software (in source code and object code forms), databases, data collections and documentation and all copies and tangible embodiments of any of the foregoing throughout the world in whatever form or medium.
Information concerning your business, including cost information, profits, sales information, accounting and unpublished financial information, business plans, markets and marketing methods, customer lists and customer information, purchasing techniques, supplier lists and supplier information and advertising strategies;
Information submitted by your customers, suppliers, investors, consultants or yourco-venture partners for study, evaluation or use; and
Any other information not generally known to the public which, if misused or disclosed, could reasonably be expected to adversely affect your business.
Exceptions to Confidential Information. Virtual Assistant Ninjas obligations with respect to any portion of your confidential information as set forth above shall not apply when you can document that (1) it was in the public domain at the time you communicated it to Virtual Assistant Ninjas; (2) it entered the public domain at the time it was communicated by you to Virtual Assistant Ninjas through no fault of your own; (3) it was in your possession, free of any obligation of confidence, at the time it was communicated to Virtual Assistant Ninjas; (4) it was rightfully communicated to you, free of any obligation of confidence, subsequent to the time it was communicated to Virtual Assistant Ninjas; (5) is independently developed by Virtual Assistant Ninjas or a Virtual Assistant without using your confidential information; or (6) information we are required to disclose by a warrant, subpoena or other request in an investigation or legal proceeding or where disclosure is necessary to protect Virtual Assistant Ninjas’s rights or property, or the rights or property of Virtual Assistants or our other clients.
Guarantee & Warranty
There is no warranty on any of the information, tasks, or projects your Virtual Assistant completes for you. What we will promise is that we’ll do our best to provide the most accurate, most effective information available and we know Virtual Assistants do this better than anyone else. However, if we give you information or results that are wrong, although we’ll be deeply sorry, you can’t hold us liable for it (or the results) legally or morally.
Monthly memberships can be canceled at any time with a 30-day notice, though we are unable to prorate membership cancellations or refund due to unused time. All cancellation requests will go into effect at the end of your current monthly subscription. To cancel, just email your assistant or contact our Support Team: email@example.com and ask us to cancel your subscription.
Termination of Service
We reserve the right to terminate the service of a Virtual Assistant Ninjas client at any time — for any reason. Should this occur, we will give you a prorated refund at the standard monthly rate for any period for which you have already paid. That means that rarely and under great duress we may end our relationship with a client for any number of reasons including but not limited to the following:
- If the client is constantly requesting tasks outside the scope of their service plan and we’re unable to find a solution by scaling back the requests
- If the client is abusive to his/her assistant or any other Virtual Assistant Ninjas team member
Virtual Assistant Ninjas Terms of Service Non-solicitation Provision
I acknowledge that Virtual Assistant Ninjas has made substantial investments in recruiting, training and matching skilled Virtual Assistant Ninjas assistants with each of its members including me, and that Virtual Assistant Ninjas has a legitimate interest in earning a reasonable return on those investments. I also acknowledge that Virtual Assistant Ninjas has agreements with Virtual Assistant Ninjas assistants that protect this interest by requiring that Virtual Assistant Ninjas assistants obtain Virtual Assistant Ninjas’s prior written consent before accepting any direct engagement (whether as an employee, consultant, contractor or otherwise) with the Virtual Assistant Ninjas member to whom they were assigned. Accordingly, to the fullest extent permitted under applicable law, I agree that during my membership and for a period of twelve (12) months immediately following the termination of my relationship with Virtual Assistant Ninjas for any reason, whether voluntary or involuntary, with or without cause, I shall not directly or indirectly solicit any Virtual Assistant Ninjas assistant who is assigned to me at that time or who was assigned to me within the six months preceding termination of my relationship with Virtual Assistant Ninjas to leave his or her employment with Virtual Assistant Ninjas and to work for me in any engagement directly or indirectly. Should any solicitation by me become a substantial factor resulting in a Virtual Assistant Ninjas assistant leaving Virtual Assistant Ninjas and accepting an engagement with me directly or indirectly without Virtual Assistant Ninjas’s consent, I agree to pay Virtual Assistant Ninjas as liquidated damages reasonably calculated to compensate Virtual Assistant Ninjas for its lost investments and not as a penalty of any kind, a one-time fee equivalent to one year of my monthly Virtual Assistant Ninjas subscription in effect at the most recent date that the Virtual Assistant Ninjas assistant had been assigned to me by Virtual Assistant Ninjas.
This Agreement shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.
In case of a dispute between the parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration under the rules of the American Arbitration Association, in any county included in the Choice of Law Provision.